Unless otherwise specifically provided in this chapter,
the uses of lands and buildings permitted by this chapter shall not
be construed to include any of the following: adult bookstore; adult
retail; trailer camp; tourist cabin; outdoor carnival; bazaar; circus
or similar project or activity; used car lot; any trade, occupation
or industry or business whatsoever that is noxious or offensive by
reason of causing or emitting noise, odor, dust, smoke, gas, vibration
or any hazardous substance(s); junkyards or automobile wrecking yards;
and outdoor sales of goods or services conducted on property without
improvements and/or without any necessary permits/approvals from the
Township.

No outdoor carnival, bazaar, circus or similar project
or activity conducted within Evesham Township for charitable purposes
on the property of the particular charity for a limited time not exceeding
10 days in any calendar year shall occur without authorization by
the Zoning Board of Adjustment.

All lots for single-family detached houses shall
be contiguous for a distance of at least 25 feet to an improved public
street, road or avenue maintained by Evesham Township, Burlington
County or the State of New Jersey or contiguous to a dedicated street,
road or avenue shown on a map or plan approved by the Evesham Township
Council for filing in the office of County Clerk and duly filed in
said office.

Accessory buildings as part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.

Accessory buildings shall not be constructed prior
to the principal building, except for temporary sales trailers for
residential housing developments and agriculturally related buildings
such as barns or greenhouses. No construction permit shall be issued
for the construction of an accessory building prior to the issuance
of a construction permit for the construction of the principal building
upon the same premises. If construction of the principal building
does not precede or coincide with the construction of the accessory
building, the Construction Official shall revoke the construction
permit for the accessory building until construction of the main building
has proceeded substantially toward completion.

Location. An accessory building may be erected in
side and rear yard areas and not in front yards and shall be set back
from side and rear lot lines as prescribed in this chapter, except
that, if erected on a corner lot, the accessory building shall be
set back from the side street to comply with the setback line applying
to the principal building for that side street and except further
that no poultry or livestock shelter shall be erected nearer than
100 feet to any lot lines.

All agricultural and horticultural activities
and fish and wildlife management activities, including the preparation
of land and the planting, nurturing and harvesting of crops, and all
other activities covered by the Farmland Assessment Act of 1964, as
amended, N.J.S.A. 54:4-23.1 et seq., shall be carried out in accordance
with recommended management practices established for the particular
agricultural activity by the New Jersey Department of Agriculture,
the Soil Conservation Service or the New Jersey Agricultural Experimental
Station at Rutgers University.

All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this
section shall be determined by means of an air quality simulation
model approved by the New Jersey Department of Environmental Protection
pursuant to N.J.A.C. 7:27-18.3.11.

Applications for any residential development of 100
or more units and any other development involving more than 100 parking
spaces shall ensure that all state ambient air quality standards in
N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at
places of maximum concentration and at sensitive receptors.

Screening buffers shall be placed between incompatible
land uses or zoning districts, as prescribed in Table 1, Screening
Buffer Widths, located at the end of this chapter, and shall be placed
adjacent to the higher classified street right-of-way on reverse frontage
lots.

Site element screens shall be placed around
the perimeter of all parking lots or other similar vehicular use areas,
including service stations and vehicular stacking lanes associated
with a drive-through, but they need not be used along driveways or
accessways. Site element screens shall also be placed around the nonaccessible
sides of trash enclosures, equipment or storage buildings and yards,
and utility boxes, when these elements are not otherwise screened
from off-site views by buildings or preserved natural features.

Screening buffers shall be placed between adjoining
incompatible land uses or zoning districts and be of the widths specified
in the following chart.[1] Perimeter buffers, indicated with a "P" in the chart,
shall be placed between compatible land uses or zoning districts,
and be a minimum of 15 feet in width.

Buffers and screens may be comprised of existing vegetation
and natural features; proposed new or transplanted vegetation; existing
or proposed fences, walls and/or berms. When berms are included in
a buffer, a curvilinear or naturalistic arrangement is encouraged.

The location and design of buffers and screens shall
consider the use being buffered or screened, the distance between
the use and the property line, differences in elevations, the types
of buffers or screens, such as dense planting, existing woods, a wall
or fence, buffer height and width and other combinations of man-made
and natural features. The buffer or screen shall be designed, planted,
graded, landscaped and developed with the general guideline that the
closer a use or activity is to the property line or the more intense
the use, the more effective the buffer or screen area must be in obscuring
light and vision and reducing noise beyond the lot.

Where buffer areas overlap, as in the case of
side and rear tract boundaries, only the more stringent buffer shall
apply in the area of overlap. However, care shall be taken to avoid
unplanted gaps in what would be the area of overlap.

Plants shall be distributed throughout the entire
length of buffers, but need not be evenly spaced. However, there shall
be no more than 100 feet between shade trees, 50 feet between evergreen
trees, and 50 feet between shrub clusters.

Perimeter buffers shall contain one shade tree, plus
two evergreen trees, plus 10 shrubs, plus either 20 ground cover shrubs
or 300 herbaceous ground cover plants or bulbs per 100 feet of buffer
length. Up to 50% of the ground cover shrubs may be substituted with
perennials, at a rate of two perennials per ground cover shrub.

Low screens shall be used around the perimeters
of all parking lots or other similar vehicular use areas, including
service stations and vehicular stacking lanes associated with a drive-through,
and around trash enclosures or storage buildings when decorative walls,
such as brick, latticework or split-face concrete block, are proposed.

High screens shall be used adjacent to loading
areas; around trash enclosures and storage buildings, when fencing
or plain concrete masonry units are proposed; around transformers,
maintaining the required clear distance; around vehicular storage
areas that are not used as parking lots or sales areas, regardless
of the vehicle's operating condition; and around utility tower and
equipment yards.

Low screens shall be comprised of evergreen or dense
deciduous shrubs, capable of obscuring the glare of automobile headlights,
shall be evenly spaced to form a continuous screen or hedge throughout
the year, and shall be a minimum height of three feet at planting.

Except for those roads which provide for internal
circulation within residentially developed areas, all public paved
roads in the Rural Development (RD), Forest Agriculture (FA), and
Forest Woodland (FW) Districts shall be considered scenic corridors.
Except as otherwise authorized in this section, no permit shall be
issued for development on a scenic corridor, other than for agricultural
commercial establishments, unless the applicant demonstrates that
all buildings are set back at least 200 feet from the center line
of the corridor.

If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of § 160-47 so as to provide screening from the corridor.

If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be required for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 160-47 so as to provide screening between the building and the corridor.

Where two or more contiguous lots are under
the same ownership and one or more of these lots are undersized in
area or in any dimension, the entirety of the contiguous land holdings
shall be considered as one lot and the requirements of this chapter
shall apply.

Purpose. Consistent with the definition set forth in § 160-5, cluster development is a method of developing land in a manner that balances development with the provision and protection of viable open spaces, conservation areas, floodplains, schools sites, recreation areas, and parks. The purpose of the cluster/conservation subdivision provisions is to provide for a flexible subdivision design approach that considers the environmental and physical attributes of a site, the site's relationship to the surrounding area, and the most desirable and appropriate locations for development and site disturbance. The cluster/conservation design provisions are intended to provide a framework that balances residential development with the protection of well-planned open spaces, including passive and/or active recreation areas and wooded and environmentally sensitive lands. It is anticipated that the cluster provisions will allow residential developments to be constructed at a lower cost per dwelling for streets, utilities and other site improvements, while also providing open space and/or recreational opportunities that are responsive to the physical characteristics of the site and that are appropriate to the needs of the community. The cluster/conservation design provisions may reduce the amount of clearing, grading, and construction disturbance resulting from subdivisions and will increase the quantity and quality of open spaces in the community, while providing a desirable visual environment through creative development techniques and design arrangements.

Cluster/conservation design procedure. In designing a cluster/conservation
subdivision, the following steps should be followed to ensure that
the design is consistent with the intent and purpose of the cluster/conservation
subdivision provisions.

Passive conservation or open space lands should be centrally located
and adjoin as many residential lots as practical in order to increase
the value of the lots and provide for the enjoyment of open space
by as many residents as possible.

Protected conservation or open space lands on one developed parcel
should adjoin the conservation and open space lands on the adjoining
parcels, in order to realize an interconnected network of open spaces
and greenways over time.

Where open space areas intended for active or passive recreation
are behind residential lots, the open space area must have a minimum
street frontage of 75 feet to ensure access to the residents of the
development.

Cluster development in the Pinelands Forest and Rural Development
areas. In the FA, FW, RD-1, RD-2, RD-3 and EP Districts, clustering
of single-family detached dwellings shall be required whenever two
or more units are proposed as part of a residential development. The
following standards shall apply:

Bonus density. The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection D(1) above. A bonus may be applied only for clustering outside the Black Run watershed area (shown for reference on the Zoning Map).

When a developer or land owner controls land on both sides of
the Black Run watershed boundary, the development shall, to the greatest
extent possible, be located outside the watershed. Developers and
land owners are strongly encouraged to acquire additional lands to
expand opportunities to cluster outside the Black Run headwaters area.

Procedure. In order to assess the applicability of the bonus,
the watershed boundary should be identified on a property survey,
and the total number of acres within and outside the Black Run watershed
area should be identified. Residential lots should be clustered outside
the Black Run watershed area to the greatest extent possible. The
bonus will be applied proportionate to the percentage of the total
number of units that the developer is able to locate outside the Black
Run watershed area.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of N.J.A.C. 7:50-6.84(a)(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection D(6)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 160-50B(4) or N.J.A.C. 7:50-6.84(a)5. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 160-50B(4) or N.J.A.C. 7:50-6.84(a)5 shall also be permitted;

The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and

Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than 1/2 acre of land or the equivalent of one acre of
land for every 25 residential lots, whichever is greater.

The balance of the parcel located outside of the residential clustered
lots shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Evesham Township
or incorporated as part of one of the lots within the cluster development
area.

All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Evesham Township or another public agency or nonprofit organization.
In all cases, such restriction shall be expressly enforceable by the
Pinelands Commission; and

Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 160; and

For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;

For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for cluster development;

For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection D(6)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection D(6)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;

The deed of restriction to be recorded pursuant
to Subsection D(6)(b)[2][a] or [b] above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a Resource Management
System Plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
Resource Management System Plan shall be provided. If the deed of
restriction is in favor of Burlington County or the State Agricultural
Development Committee, evidence of their approval shall also be provided;
and

For parcels which meet the standards of Subsection
D(6)(b)[2][a] or [b] above, a provision shall be recorded in the deed
for each residential lot within the cluster development area which
acknowledges agricultural use of the protected land outside the cluster
development area and recognizes the legal protections afforded to
that use through the deed of restriction and any applicable statutes.

Any principal or accessory building located
on a corner lot shall have a minimum setback from both street lines
equal to the required front yard setback and shall not interfere with
a required sight triangle. No hedge, tree, evergreen, shrub, bush
or other planting shall be located on any corner lot in such a manner
as to cause danger to traffic on a public street, road or avenue by
obstructing the vision of persons operating vehicles on such public
ways; and all hedges, trees, evergreens, shrubs, bushes and other
plantings which, on the effective date of this chapter, shall be so
located on corner lots as to cause such danger to traffic shall be
cut and trimmed in such manner and to such extent that said danger
to traffic shall not be increased. In the event that sight triangles
extend beyond corner lots, the aforesaid properties shall be governed
by the same provisions as above.

Any lot proposed for development must contain
developable land equal in area to at least 25% of the minimum lot
size for the zoning district in which the lot is located. Moreover,
there shall be an area of at least 15 feet behind any building constructed
after the effective date of this chapter, which fifteen-foot area
shall be outside of any and all buffers, including wetlands buffers
affecting said property.

No fences shall be erected within the municipality
without the owner of the premises or his representative, authorized
in writing to make such application, first obtaining a zoning permit
from the Zoning Officer.

A certified plot plan or survey of the premises
in question, which shall show abutting streets and the nearest intersection,
and shall approximately indicate the location of structures within
10 feet of the fence.

Fences accessory to farm operations are exempt from
the requirements of this section with respect to permit, fee, construction
or materials. This exemption shall not extend to that percentage of
farm property set aside for residential purposes as delineated upon
the property records of the Township.

These fence regulations shall not apply to the erection
of an open wire fence within a publicly owned park, playground or
school premises if the need for such a fence for such uses as athletic
fields is demonstrated to and approved by the Construction Official.

Fences not exceeding 15 feet in height above ground
level may be erected on a lot so as to enclose a tennis court; said
fence to be set back from any lot line(s) the distances required for
accessory buildings in the relevant zoning district specified in this
Code.

Fences must be maintained by the owner and kept in
alignment and shall be maintained in a safe, sound and upright condition
and in accordance with the approved plan on file with the Construction
Official.

Unless otherwise permitted by the New Jersey Uniform
Construction Code, a private residential swimming pool area shall
be surrounded by a fence at least four feet, but not more than six
feet, in height. Swimming pool areas shall be located only in rear
and side yard areas.

No development shall be carried out in the Pinelands
Area unless it is designed to avoid irreversible adverse impacts on
habitats that are critical to the survival of any local populations
of those threatened or endangered animal species designated by the
Department of Environmental Protection and Energy pursuant to N.J.S.A.
23:2A-1 et seq.

A fire hazard fuelbreak shall be provided around structures
proposed for human use by the selective removal or thinning of trees,
bushes, shrubs and ground cover, including the use of prescribed burning
as follows:

All proposed developments or units or sections thereof
of 25 dwelling units or more will have two accessways of a width and
surface composition sufficient to accommodate and support fire-fighting
equipment.

Permit required. No forestry in the Pinelands Area
of the Township shall be carried out by any person unless a permit
for such activity has been issued by the Township Zoning officer.
Notwithstanding this requirement, no such permits shall be required
for the following forestry activities:

Tree harvesting, provided that no more than one cord
of wood per five acres of land is harvested in any one year and that
no more than five cords of wood are harvested from the entire parcel
in any one year;

Tree planting, provided that the area to be planted
does not exceed five acres in any one year, no soil disturbance occurs
other than that caused by the planting activity and no trees other
than those authorized by N.J.A.C. 7:50-6.25 are to be planted;

Forest stand improvement designed to selectively thin
trees and brush, provided that no clearing or soil disturbance occurs
and that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year; and

For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.

A USGS Quadrangle map, or copy thereof, and a copy of the municipal
Tax Map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;

A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;

A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
native forest types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:

A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:

A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and

Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and

A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§ 160-23 and 160-47E;

A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 160-28;

A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;

Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C below; and

When prior approval for the forestry activities has been granted by the Zoning Officer or other City approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 15-38, Condition on prior approval by Township.

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 160-23 and 160-47E. The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section;

A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic white cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities;

In pine-shrub oak native forest types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak resprouting outside
those areas subject to the herbicide treatment;

Disking shall only be permitted in pine-shrub oak native forest
types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:

Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and

It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic white cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and

It shall not be permitted in pine plains native forest types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;

It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic white cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and

A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger clearcut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;

A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger coppice cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;

A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger seed tree cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;

The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;

When used in pine plains native forest types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.

Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.

Within 14 days of receipt of an application, the Zoning
Officer shall determine whether the application is complete and, if
necessary, notify the applicant in writing of any additional information
which is necessary to complete the application. Should the Zoning
Officer fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.

Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.

Failure of the Zoning Officer to act within the time period prescribed in Subsections D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

Forestry permits shall be valid for a period of 10
years. Nothing in this section shall be construed to prohibit any
person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.

Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

Map of floodway and flood hazard area. The following
maps (and other sources of information if deemed appropriate) shall
be used to specify floodway and flood hazard areas for channels in
the Township:

Flood hazard area. In the flood hazard area, no building
or structure shall be permitted if the elevation of any floor of such
a structure, including basement, shall be less than one foot above
the flood hazard area design flood profile. The following uses are
permitted, provided that they are in accordance with the requirements
of the wetlands section below:

Purpose. The Township of Evesham finds that reducing the amount of
solid waste and conservation of recyclable materials is an important
public concern and is necessary to implement the requirements of the
SWMA and the County Plan. Areas for the collection of recyclables
on residential properties should be designed to effectuate collection
of material in a safe and sanitary manner and should be sized to meet
current industry standards for volumes and containers.

The program utilized for the collection of those recyclable
materials as designated by the Department of Solid Waste from residential
curbside, participating multifamily and participating school collection
programs.

A location designed in accordance with the land use ordinances
of this municipality as required for multifamily dwellings with more
than 20 residential units where curbside collection is not provided
under the Burlington County Regional Program.

A group of units, arranged horizontally or vertically, where
the form of ownership of real property under a master deed provides
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.

Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes, whether privately or
publicly financed, except hotels, motels or other guest houses serving
transient or seasonal guests as those terms are defined under Subsection
(j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (N.J.S.A. 13A-1 et seq.), and N.J.S.A. 40:66-1.2 et seq.

Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject of rights and duties.

A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the cost
of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No proprietary campground facility,
as defined in Section 1 of P.L. 1993, c. 258 (45:22A-49), shall be
considered to be a qualified private community.

In accordance with the municipal Recycling Ordinance located at Chapter 118, every multifamily and qualified private community within the Township of Evesham shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property. Compliance with this section is required for all new applications and for all existing properties that propose improvements or modifications to the property which require a site plan amendment or site plan approval. Existing properties for which no improvements are proposed are not required to meet this requirement but may do so if they choose to.

The dimensions of the recycling storage location
shall be sufficient to accommodate recycling containers which are
of the size and number as required by the DSW and which are consistent
with current methods of collection utilized by the Burlington County
Regional Program or the private collection company being utilized.
The following tables indicate the minimum container capacity requirements
for weekly recycling service and common container dimensions.

Unless expressly prohibited by a municipality,
or not feasible due to existing site constraints, recycling containers
for all Class A designated recyclables shall be co-located at all
solid waste collection areas within the complex.

Outdoor recycling storage locations shall include
a concrete pad of the size as specified herein. The dimensions of
the recycling storage location shall provide sufficient area for the
required container(s).[1]

The recycling storage locations shall be well lit
and shall be safely and easily accessible by recycling personnel and
vehicles. Collection vehicles shall be able to access the recycling
areas without interference from parked cars or other obstacles. The
following turning template can be used to plan vehicular accessibility
to recycling storage locations:

Each recycling area shall be enclosed on three
sides by a solid fence or masonry enclosure six feet in height and
shall be surrounded by landscaping. A durable closable access gate
on the fourth side should be provided.

Recycling container storage design standards; new residential
construction. In order to facilitate recycling in all new construction,
and to avoid the creation of unhealthful or cramped storage situations,
sufficient storage shall be available for recycling containers within
all new construction of residential housing.

Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.

Single-family and two-family dwellings. Each residential dwelling
unit shall be designed to provide a curbside recycling storage container
storage location containing, at a minimum, dimensions (length by width
by height) of no less than 36 inches by 32 inches by 84 inches per
unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the property survey. This shall
be done at the time of subdivision approval, if applicable, or at
the time of zoning or building permit application.

Multifamily and condominium complex dwellings. Curbside recycling
container storage locations shall be provided for each multifamily
and condominium complex dwelling where common area recycling storage
locations are not otherwise provided. Each multifamily and condominium
complex dwelling unit shall be designed to provide a curbside recycling
container storage location containing, at a minimum, dimensions (length
by width by height) of no less than 36 inches by 32 inches by 84 inches
per unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the site plans or subdivision
plans.

Construction. The terms and provisions of this section are to
be liberally construed, so as best to achieve and to effectuate the
goals and purposes hereof. This section shall be construed in pari
materi with the SWMA and the County Plan.

Chapter 12A of the General Ordinances of the Township of Evesham, being entitled "Historic Preservation Commission," establishes the body referred to as the Historic Preservation Commission and is referred to in this section as the "Commission."

In adopting this section, it is the intention of the
Evesham Township Council to create a framework of regulations that
will be employed by the Commission and used to review all development
activities involving the exterior of individually designated historic
landmarks or buildings and structures located within designated historic
districts.

This section does not require or prohibit any particular
architectural style, rather its purpose is to preserve the past by
making the past compatible with and relevant to the present. To that
end, new construction upon or near a landmark should not necessarily
duplicate the exact style of the landmark; it must be compatible with
and not detract from the landmark.

The boundaries of the locally designated historic district are depicted on the Evesham Township Zoning Map and are situated within a specific Historic District Overlay designation. Additionally, there are over 40 designated individual historic landmarks in Evesham Township that are not located within the Historic District Overlay, but do fall under the jurisdiction of this section. Other historic districts or individually designated historic landmarks may be established from time to time according to the criteria enacted by this section.

Intended purposes. These historic preservation regulations
are intended to effect and accomplish the protection, enhancement
and perpetuation of especially noteworthy examples or elements of
the Township's environment in order to:

Recognize the importance of individual historic landmarks
located outside of historic districts by urging property owners and
tenants to maintain their properties in keeping with the requirements
and standards of this section;

The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior architectural
appearance of any individually designated historic landmark or any
structure within a designated historic district.

An approval issued by the administrative officer following
referral to an action by the Chairman of the Township Historic Preservation
Commission, in place of action of the full Commission, and in accordance
with the provisions of N.J.S.A. 40:55D-111.

The person designated by the Township Manager to handle the
administration of historic project review applications as well as
the coordination of building permit applications as referred in this
section.

Any private person, persons or any representative of any
private entity, private organization, association, or public agency
with legal authority to make an alteration, addition, renovation,
repair or demolish a structure that is governed under this section
of the municipal ordinances.

Any element or resource of the architectural style, design
or general arrangement of a structure that is visible from the outside,
including, but not limited to, the style and placement of all windows,
doors, cornices, brackets, porch spindles, railings, shutters, the
roof, type, color and texture of the building materials, signs and
other decorative and architectural elements.

A structure designed for the habitation, shelter, storage,
trade, manufacture, religion, business, education and the like, enclosing
a space within its walls, and usually, but not necessarily, covered
with a roof.

The certificate issued by the administrative officer that
is required prior to undertaking rehabilitation, restoration, renovation,
alteration, ordinary and nonordinary repair work or demolition work
undertaken within an historic district or on an individually designated
historic structure pursuant to this section of the municipal ordinances.

The municipal-wide inventory of cultural resources that was
undertaken by J.W. Foster and R.P. Guter in 1985 and the municipal-wide
inventory of cultural resources that was prepared by Preservation
Design Partnership, of Philadelphia, PA in 1996.

Those paint colors that are found to be traditionally associated
with specific architectural styles or periods of architectural design.
For the purposes of an application made to the Evesham Township Historic
Preservation Commission, such paint color or combination of colors
shall be obtained from the following paint manufacturer color charts,
or documented equivalents: Finnaren & Haley Authentic Colors of
Historic Philadelphia; Finnaren & Haley Victorian Hues; Sherwin-Williams
Heritage Colors; Pratt & Lambert Historical Homes; and Benjamin
Moore Historical Color Collection.

Any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.

Any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.

Any buildings, structures, sites, objects or districts which
possess integrity of location, design, setting, materials, workmanship,
and association and which have been included in the 1985 and 1996
municipal-wide Cultural Resource Inventories, and determined, pursuant
to the terms of this section, to be:

The body which, for the purposes of this chapter, acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and as set forth in Chapter 12A of the ordinances of Evesham Township.

Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction of installation for a period of not less than 120 continuous
days.

Repairing any deterioration, wear or damage to a structure,
or any part thereof, in order to return the same as nearly practicable
to its condition and appearance prior to the occurrence of such deterioration,
wear or damage. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, using the same materials
having the same appearance.

A determination by the Historic Preservation Commission,
after review of an application, if the applicant has demonstrated
sufficient negative criteria or provided sufficient special reasons
explaining how the preservation, rehabilitation, restoration or reconstruction
of an historic resource will impact the applicant's ability to use
the property in accordance with the guidelines as set forth in the
Standards of the Secretary of the Interior or as may be set forth
in the Olde Marlton Master Plan and Design Guidelines book and local
zoning requirements.

The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this particular activity; however, the limited and sensitive upgrading
of mechanical, electrical, and plumbing systems, and other code-required
work to make properties functional is appropriate within a preservation
activity.

The act or process of depicting, by means of new construction,
the form, features and detailing of a nonsurviving site, landscape,
building, structure or object, for the purpose of replicating its
appearance at a specific period of time and in its historic location.

The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those proportions or features which convey its historical, cultural
or architectural values.

The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period that is selected. The limited and sensitive upgrading of mechanical,
electrical and plumbing systems and other code-required work to make
properties functional is appropriate within the scope of restoration
activities.

The publication issued by the U.S. Department of the Interior,
National Park Service, entitled "The Secretary of the Interior's Standards
for the Treatment of Historic Properties as the Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings,"
issued in 1995 and revised from time to time.

The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains; or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A site may also be the location
of a ruined building, structure, or object, or the location itself
possesses historic, cultural, or archeological significance.

A combination of materials used to form a construction for
the purposes of occupancy, use or ornamentation, having a fixed location
on, above or below the surface of land or attached to something having
a fixed location on, above, or below the surface of the land. For
purposes of this section of this chapter only, the word "structure"
shall also include fences which are over three feet in height; walls,
other than retaining walls not projecting more than 12 inches above
the ground at the highest level; independent radio and television
antennas; gasoline pumps; gazebos, pergolas and swimming pools.

Application of provisions. The following regulations shall apply to all historic resources in a district and to any other historic landmarks which are designated in accordance with the procedures outlined in Subsection F.

Permitted uses. All uses permitted for an historic landmark or for structures or buildings located within an historic district shall be those uses designated by the Official Zoning Map and such sections of this chapter that are applicable. Such uses zoned for shall not be altered by the designation as an historic district or individual historic landmark designations.

Area and height regulations. The maximum building
height, minimum lot size, maximum coverage, etc., shall be as provided
in this chapter for the respective zones, except that the Planning
Board or Zoning Board may grant variances and waivers from such regulations
where necessary to preserve historic characteristics of a building,
structure, historic landmark or site.

All buildings and/or structures surveyed or identified
as having architectural, historical or archaeological significance
in the Cultural Resources Survey (on file with the Township Clerk),
including all structures identified in the appendixes, are hereby
designated as local historic landmarks. The regulations pursuant to
this designation as contained herein shall all be in addition to those
otherwise in force in the respective zoning district of which the
landmarks are a part.

If the Commission desires, it may recommend that the
Planning Board and Township Council create new historic district(s)
or landmark(s), or add any additional land area to the zone district
that includes the historic district by means of extending the boundaries.
The Commission shall first review each proposed property in consideration
of, but not limited to, the National and New Jersey Register Criteria
for designating historic sites as referenced in N.J.A.C. 7:60-6.154
(Pinelands designation criteria), and the Historic Preservation Office's
criteria as contained and referenced in the Historic Preservation
Plan Element of the Township of Evesham's Master Plan. The Commission
shall then make a list and map of each property recommended for historic
landmark designation by specifying the location, boundaries, property
owner's name, brief description and significant reasons for such designation.
The Commission shall then by certified mail:

As soon as practicable, the Commission shall
hold a public hearing at which all interested persons shall be entitled
to present their opinions, suggestions and objections prior to the
Commission voting on its recommendation to the Planning Board. At
least 10 days before such a hearing, a notice of the hearing shall
be published in a newspaper that has been officially designated by
the municipality.

After full consideration of the evidence brought
out at the public hearing held on any such proposed designation, the
Commission shall make its final recommendation on the designations
and shall issue its final report to the public stating reasons in
support of its actions with respect to each historic landmark and
historic district designation. Such final advisory report shall also
include a list and map of the sites being recommended and be submitted
to the Planning Board, Township Manager and the Township Council.
The Planning Board and Township Council may then consider whether
to adopt the designation list and map by ordinance for inclusion in
the Master Plan and the Land Use Ordinance. Once adopted, the designation
list and map may be amended in the same manner in which it was adopted.

Following adoption by the Planning Board and
Township Council, certificates of designation shall be served by certified
mail upon the property owner of each designated landmark, and a true
copy thereof shall be filed with the Tax Collector and Tax Assessor
who shall maintain a record of all historic designations on the tax
rolls. Copies of the designation list and map as adopted shall be
made public and distributed to all municipal agencies reviewing development
applications, construction and zoning permits.

Before work can commence on any of the following activities
within the zone district incorporating the historic district, or work
that affects the exterior of any historic landmark, as identified
in the "Cultural Resources Survey," a certificate of appropriateness
shall first be issued by the administrative officer for:

Changes to the interior of buildings and structures,
unless the interior has been expressly found to contribute to the
historic significance of the building or structure. This section shall
apply only to those buildings and structures within the Pinelands
Area.

The installation and replacement of any window
or door, including garage doors, in the same opening without altering
the dimensions or framing of the original opening. This shall include
storm windows and storm doors. Any new door or window shall be of
the same type, and operation, as the existing and shall not reduce
the minimum requirements of the Code for means of egress and emergency
escape.

When an historic landmark or any improvement
within a designated district requires immediate or emergency nonordinary
repair to preserve the continued habitability of the landmark and/or
the health, safety and welfare of the occupants, such nonordinary
repairs may be performed in accordance with the Township codes, without
the necessity of first obtaining the Commission's review. Under such
circumstances, the nonordinary repairs shall be only such as are necessary
to protect the health and safety of the occupants of the historic
landmark, to protect the health and safety of the general public,
and/or to maintain the habitability of the landmark as determined
by the Township Construction Official. The repair shall be temporary
in nature until the Historic Preservation Commission has had the opportunity
to review and comment on the nonordinary repair work. In such cases,
the property owner shall immediately notify the administrative officer
of such nonordinary repairs. A request for a review shall be made
as soon as possible, and no further work shall be performed upon the
historic landmark until an appropriate approval is obtained in accordance
with the procedures set forth in this chapter. The Chairperson may
call a special meeting of the Commission in accordance with the provisions
for emergency review with cases of extreme emergency which call for
extensive nonordinary repairs or alterations, and in accordance with
the requirements of N.J.S.A. 40:55D-111, as amended. Before any work
shall be undertaken which involves any resource designated by the
Pinelands Commission pursuant to N.J.A.C. 7:50-6.154(a) or (b)1, notice
shall be given to the Commission in accordance with the provisions
of Subsectoin J(4).

The Commission, in addition to conducting reviews
at its regularly scheduled meetings, may conduct emergency review
meetings when necessary at the call of the Chairperson to review an
application on an accelerated basis.

The emergency meetings may be held when any
action requiring consideration of an historic landmark requires immediate
or emergency nonordinary repair to preserve the continued habitability
of the landmark and/or the health, safety, and welfare of its occupants
or others.

In the case of any item not requiring a certificate of appropriateness, or significant, nonhistoric changes in exterior appearance by means of repainting [i.e., the use of a new color or color scheme, as described in Subsection H(1)(c)], the Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-70, Subdivision a, shall determine whether there is an error in any order, requirement, decision or refusal made by the administrative officer or the Commission. Furthermore, pursuant to N.J.S.A. 40:55D-70.2, the Zoning Board of Adjustment shall include the reasons for its determination in the findings of its decision thereon.

In the case of an appeal as referenced in Subsection H(4)(a), the aggrieved party shall notify the Zoning Board of Adjustment of said party's intention to appeal the order, requirement, decision or refusal made by the administrative officer or the Commission. Said notice of appeal must be filed within 30 days of the adoption of the order, requirement, decision or refusal being appealed. Failure to provide said notice within the thirty-day limit will act as a bar to any future appeal.

The scope of appeal by the Zoning Board shall
be de novo based upon the record before the Commission and any supplemental
or corroborative evidence. The Commission or its representative shall
be entitled to present any evidence deemed necessary to address or
contradict any new evidence or substantially different evidence from
that presented to the Commission.

In the case of a referral by the administrative officer
of a minor application for the issuance of a permit pertaining to
historic sites or property in historic districts, as defined in the
Zoning Ordinance, the Chairman of the Historic Preservation Commission
may act in the place of the full Commission in issuing a recommendation
for the certificate of appropriateness.

It shall be the duty of all property owners, and/or
municipal officials reviewing permit applications involving real property
or improvements thereon, to confer with the administrative officer
for a determination whether such application involves any activity
which should be subject to a certificate of appropriateness. If a
formal review by the Commission is warranted, the Commission shall
serve in an advisory capacity to the administrative officer making
recommendations based on its findings, in accordance with N.J.S.A.
40:55D-111.

An application for a certificate of appropriateness
shall be submitted on forms provided by the administrative officer.
Each application submission shall include, at a minimum, the following
information:

Detailed drawings, when required by the administrative
officer, which shall be drawn at the appropriate scales and shall
depict the exact work to be performed, including renderings of the
exterior of any proposed new building and/or structure or any exterior
alterations to existing improvements. A detailed plot plan delineating
the relationship of the renderings of the proposal in relation to
adjacent improvements, buildings and/or structures or surrounding
lands may be required as determined by the administrative officer.
Drawings shall be prepared and sealed by either a New Jersey licensed
registered architect or other New Jersey licensed design professional
or by the residing property owner of a single-family dwelling under
his/her ownership with an accompanying affidavit of ownership, as
required by P.L. 1989, Chapter 277 (commonly known as the "Building
Design Services Act"[1]) or other applicable laws of the State of New Jersey.

A statement of the relationship of the proposed
work to the standards for designation in N.J.A.C. 7:50-6.154(b) and
the standards for approval of certificates of appropriateness as set
forth in the following subsections.

The aforesaid information, when required, shall be
submitted by the administrative officer to the Historic Preservation
Commission for a report of review and recommendation in accordance
with N.J.S.A. 40:55D-111.

The administrative officer shall, upon receipt of
an application for a certificate of appropriateness, when required,
schedule the application for a meeting with the Historic Preservation
Commission, and shall give written notice to the applicant confirming
the date, time and location of said meeting. The Commission's deliberations
shall be conducted in accordance with the Open Public Meetings Act.
The applicant or a duly authorized representative shall be present
at the scheduled meeting. Any application which is not properly represented
may be denied without prejudice by the administrative officer.

Hearings relating to applications for a certificate
of appropriateness for demolition or relocation of historic landmarks
shall be public hearings advertised in the manner provided by N.J.S.A.
40:55D-1 et seq. In these cases, the applicant shall be responsible
for providing the required legal notice in accordance with the law
and shall submit the following:

A list of all property owners' names and addresses
within 200 feet of the subject property boundary lines that have been
sent certified mail notice of the hearing not less than 10 days before
it is to be heard; and

In reviewing the application, the administrative officer
or the Historic Preservation Commission, as the case may be, shall
consider and make specific findings upon whether the applicant may
make any responsible use of the subject property (as permitted by
the applicable Zoning Ordinance) in the event that the application
should be denied or granted with conditions. No application may be
denied or modified in the absence of a specific finding by the administrative
officer that such denial or condition of approval will not render
the property useless for a permitted use. The administrative officer
shall be bound by the decision rendered by the Historic Preservation
Commission, the Zoning Board of Adjustment, or the Planning Board,
as may be the case, depending upon which agency has review authority
on the application.

In its review, the administrative officer or the Historic
Preservation Commission, as the case may be, may also be guided by
the Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring
and Reconstructing Historic Buildings, and the Preservation Briefs
(prepared by the U.S. Department of the Interior, National Park Service,
Washington, D.C., and as amended from time to time), as well as the
Cultural Resources Survey, the Historic Preservation Plan Element
of the Evesham Township Master Plan, and the Pinelands Cultural Resources
Management Plan for Historic Period Sites. The Olde Marlton Master
Plan and Design Guidelines, Olde Marlton Village Historic District
Architectural Design Guide Book, and Historic Tree and Landscaping
Plant List may also be used in the determination. In the event that
there is a conflict between any of the documents referenced above
and the Secretary of the Interior's Standards, the Standards of the
Secretary of the Interior shall prevail.

With respect to applications for demolition, the Commission
shall first consider whether preservation of the historic landmark
in place is feasible or, failing that option, whether preservation
of the historic landmark at another location is feasible.

Whether affirmative measures, such as stabilization,
rehabilitation, restoration or reuse, can result in preservation of
the structure in order to comply with the requirements of the Uniform
Construction Code.

With respect to applications for relocation within
and/or out of the district or municipality, the Commission shall first
consider whether preservation of the historic landmark in place is
possible. In making this determination, the following shall be considered:

Whether affirmative measures, such as stabilization,
rehabilitation, restoration or reuse, can result in preservation of
the structure in order to comply with the requirements of the Uniform
Construction Code, or other applicable construction codes as may be
adopted by the State of New Jersey and the Township of Evesham.

With respect to applications for certificates
of appropriateness relating to changes in exterior appearance, new
construction, alteration(s), addition(s), nonordinary repair(s), rehabilitation,
replacement(s), signage or exterior lighting, excavation, ground disturbance,
or any other improvement within the historic district, the following
should be considered:

The practicality and feasibility of performing
the work with materials or workmanship of a type equivalent or similar
to the historical or architectural era during which the structure,
building or place was constructed.

Encouraging coordination of the various public
and private procedures and activities, shaping land development with
a view of lessening the cost of such development and to the more efficient
use of land.

In assessing visual compatibility, the following
factors (commonly known as "visual compatibility factors") shall be
considered in reviewing applications for new construction, alterations,
additions, or replacements affecting an historic landmark or an improvement
within an historic district:

Proportion of the building's front facade. The
relationship of the width of the building and/or structure to the
height of the front elevation should be visually compatible with buildings
and/or structures and places to which it is visually related.

Proportion of window and door openings. The
relation of the width of windows to the height of the doors in a building
and/or structure should be visually compatible with the buildings
and/or structures and places which it is visually related.

Rhythm of filled spaces between buildings and/or
structures. The relationship of filled spaces to open space between
it and adjoining buildings and/or structures and places to which it
is visually related.

Rhythm of solids to voids on facades fronting
on public places. The relationship of solids to voids in such facades
of a building and/or structure should be visually compatible with
the buildings and/or structures and places to which it is visually
related.

Relationship of materials, texture and color.
The relationship of materials, textures and color of the facade and
roof of a building and/or structure should be visually compatible
with the predominant materials used in the buildings and/or structures
to which it is visually related.

Scale of building and/or structure. The size
and mass of a building and/or structure in relationship to open spaces,
the windows, door openings, porches and balconies should be visually
compatible with the buildings and/or structures and places to which
it is visually related.

Wall of continuity. Appurtenances of a building
and/or structure, such as walls, open-type fencing, evergreen-landscape
masses, should form cohesive walls of enclosure along a street, to
the extent necessary to maintain visual compatibility of the building
and/or structure and places to which it is visually related.

Directional expression of front elevation. A
building and/or structure should be visually compatible with the buildings
and/or structures to which it is visually related in its dimensional
character, whether this is vertical character, horizontal character,
or nondirectional character.

Exterior features. A building and/or structure's
related exterior features such as lighting, fences, signs, sidewalks,
driveways and parking areas should be compatible with the features
of those buildings and/or structures which it is visually related
to and should be appropriate for the historic period for which the
building and/or structure is significant.

In addition to the visual compatibility factors listed in Subsection I(11), the following standards for rehabilitation, as promulgated by the U.S. Secretary of the Interior, should be considered with respect to work proposals dealing with historic landmarks:

Each property shall be recognized as a physical
record of its time, place, and use. Changes that create a false sense
of historic development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.

Deteriorated historic features shall be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature shall match
the old in design, color, texture, and other visual qualities and,
where possible, materials. Replacement of missing features shall be
substantiated by documentary, physical, or pictorial evidence.

Chemical or physical treatments, such as sand-blasting,
that cause damage to historic materials shall not be used. The surface
cleaning of buildings and/or structures, if appropriate, shall be
undertaken using the gentlest means possible.

New additions, exterior alterations, or related
new construction shall not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale, and architectural
features to protect the historic integrity of the property, neighborhood
and its environment.

New additions and adjacent or related new construction
shall be undertaken in such a manner that, if removed in the future,
the essential form and integrity of the historic property and its
environment would be unimpaired.

In conjunction with all applications presented to the Planning Board or Zoning Board of Adjustment for site plan or subdivision approval(s) (which applications relate to land, buildings or structures within the zone district including the historic district or for any buildings and/or structures designated as an historic landmark pursuant to § 160-28), an applicant shall also submit a copy of such application to the Historic Preservation Commission for review pursuant to N.J.S.A. 40:55D-110. Such an application shall solely pertain to the proposed development review.

The application shall be scheduled for review by the
Historic Preservation Commission at its next regular scheduled meeting.
Upon completion of its review, the Commission shall forward a report
of its findings to either the Planning Board or Zoning Board of Adjustment,
as the case may be, recommending an approval (with or without conditions)
or recommending denial. The recommendation shall be in the form of
a written report conveyed to the appropriate board. The Historic Preservation
Commission shall provide its advice through the Commission's delegation
of one of its members or staff to testify orally at the hearing on
the application and to explain any technical comments or recommendations
as outlined in the written report.

The Commission's recommendations shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance guided by the documents, standards and design criteria for review of applications established in Subsection H. Neither the Planning Board or Zoning Board of Adjustment shall take action on any development application request affecting an historic landmark or an improvement within the historic district without first reviewing and considering the Commission's recommendations. In considering the Commission's recommendations, the Planning Board or Zoning Board of Adjustment shall also be guided by the review criteria established in this § 160-28.

In addition to the notification requirements set forth in Chapter 94, Land Use Regulations, of the Code of the Township of Evesham relative to applications for development, notification to the Pinelands Commission shall be required for any certificate of appropriateness involving a Pinelands designated site. When notification to and review by the Pinelands Commission is required, the development review procedures set forth in Chapter 94, Land Use Regulations, of the Code of the Township of Evesham shall apply.

Within 45 days of a submission of an application for a certificate of appropriateness as described in Subsections F and G, the Historic Preservation Commission shall report to the administrative officer; its report may recommend issuance of the certificate of appropriateness (with or without conditions) or may recommend denial of the certificate of appropriateness. A timely report shall be binding on the administrative officer. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the certificate of appropriateness and without the recommendation of conditions to the certificate of appropriateness.

A certificate of appropriateness which permits new
construction, demolition, relocation, alteration, additions, nonordinary
repairs or replacements affecting an historic landmark shall be conditioned
upon the appropriate treatment of the resources according to the provisions
of N.J.A.C. 7:50-6.156(c)3.

The work authorized by the certificate of appropriateness
must be initiated within one year from the date that the certificate
has been granted. If a construction permit is required for such work,
the certificate of appropriateness shall be valid for the life of
the permit and any extensions thereof; otherwise, the certificate
of appropriateness shall be valid for a period of two years from the
date of issuance. For the purpose of this section, a certificate of
appropriateness shall be deemed invalid if the work ceases for a period
of six months after commencement of the work. Reasonable extensions
may be granted based upon appropriate persuasive evidence.

An applicant for a certificate of appropriateness
who is dissatisfied with the actions of the administrative officer
in denying the certificate of appropriateness or in issuing the certificate
of appropriateness with the objectionable conditions may appeal that
action to the Zoning Board of Adjustment within 30 days from the date
of the administrative officer's written decision. The hearing on such
an appeal shall be conducted in the same fashion as any appeal from
the administrative officer's determinations. This right of appeal
is limited to the applicant.

In the event that any person shall undertake or cause
to be undertaken any exterior work on an historic landmark or improvement
or an historic landmark or improvement within the historic district
or any exterior work on an historic site or property for which a certificate
of appropriateness is required without first having obtained such
a certificate of appropriateness, such person(s) shall be deemed to
be in violation of this section and shall be subject to the fines
and penalties as provided by law in the Code of the Township of Evesham
for violation of local ordinances and subject to the following:

Upon learning of the violation, the administrative
officer shall promptly serve upon the owner of the property whereon
the violation is occurring a notice describing the violation in detail
and giving the owner a specific time frame to abate the violation
by restoring an historic landmark or improvement to its status quo
ante. If the owner cannot be personally served within the municipality
with said notice, a copy shall be posted on site and a copy shall
be mailed to the owner by certified mail, return receipt requested,
at the owner's last known address as it appears on the municipal tax
rolls.

In the event that the violation is not abated
within the specified time from receipt of the notice or posting on
site, whichever is earlier, the administrative officer shall cause
to issue a summons and complaint, returnable in the Municipal Court,
charging violation of this section. Each day the violation continues
to persist shall constitute a separate and new offense.

In the event that any action which would permanently
adversely change the historic landmark or historic district as demolition
or removal without a certificate of appropriateness and construction
permit having been issued, the administrative officer is hereby authorized
to apply to the Superior Court of New Jersey for such injunctive relief
as is necessary to prevent the destruction of any landmark.

Nothing contained within this section shall supersede
the powers of other local legislative or regulatory bodies or relieve
any property owner of complying with the requirements of any other
state statutes or municipal ordinances or regulations.

In the event of any inconsistency, ambiguity or overlapping
of requirements between these provisions and any other requirements
enforced by the municipality, the more restrictive shall apply, to
the effect that state and/or federal legislation has not preempted
the municipality's power to enforce more stringent standards.

These ordinance requirements should not be viewed
as requiring or prohibiting the use of any particular architectural
style; rather the purpose is to preserve the past by making it compatible
with and relevant to the present. To that end, new construction in
or near an historic building and/or structure should not necessarily
duplicate the style; rather it should be compatible with and not detract
from the building, structure, neighborhood and its environment.

In no case shall this section be interpreted to review
or regulate activities for repair or installation of public utility
lines, including water, sewer, telephone, gas, electric; or any underground
improvement; any other utility improvement that does not affect the
exterior of an existing structure or does not constitute a new building
or structure; or improvements within the public right-of-way.

Buildings
containing more than one principal permitted or conditional use must
be approved as such by the Zoning Officer as consistent with the Subdivision
and Site Plan Code and the Zoning Code, and must be approved by the
appropriate board (Planning Board or Zoning Board of Adjustment) if
required. Except for existing shopping centers or multi-tenant office
buildings, where interior space may be reconfigured to accommodate
spaces of different sizes, any proposal to add an additional nonresidential
use to an existing nonresidential building must have a separate access
to the building, and must submit a minor site plan application to
be reviewed by the appropriate board to ensure compliance with zoning
requirements.

Commercial
or office properties, shopping centers, industrial parks, and office
parks may have more than one freestanding principal building on one
lot, more than one principal permitted conditional use on one lot,
and more than one principal permitted conditional use in a building,
provided that:

Townhouse
developments, apartment complexes may have more than one freestanding
principal building on one lot, more than one principal permitted conditional
use on one lot, and more than one principal permitted conditional
use in a building provided that:

The lawful use of land, buildings or structures
existing on the effective date of this chapter may be continued although
they may not conform to the provisions of this chapter, provided that
none shall be enlarged, extended, relocated, converted to another
use or altered, except in conformity with this chapter as permitted
below. Land on which a nonconforming use or structure is located shall
not be reduced in size, nor shall any lot already a nonconforming
use be made more nonconforming in any manner.

Restoration. Any nonconforming building, structure
or use which has been condemned or damaged by fire, explosion, flood,
windstorm or act of God shall be evaluated. If the value of repairing
the condition is greater than 50% of the value of replacing the entire
structure, it shall be considered completely destroyed and may be
rebuilt to the original specifications only upon approval of a use
variance as provided by N.J.S.A. 40:55D-70. Where the value of repairing
the condition is determined to be less than 50% of the value of replacing
the entire structure, the nonconforming structure or use may be rebuilt
and used for the same purpose as before, provided that it does not
exceed the height, area and volume of the original structure. The
percent damaged shall be the current replacement costs of the portion
damaged or condemned computed as a percentage of the current total
replacement costs of the entire structure, neither to include the
cost of the foundation.

Repairs and maintenance. Repairs and maintenance required
to keep a structure in sound condition may be made to a nonconforming
structure containing a nonconforming use, provided that the repair
and maintenance work do not change, enlarge or extend the use, expand,
enlarge or extend the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose or otherwise
increase the nonconformity in any manner whatsoever.

Nonconforming lots and structures. Any structure on
a nonconforming lot, or a structure on a conforming lot which violates
any yard requirements, may have additions added to the principal building
or an accessory building added without an appeal to the Zoning Board
of Adjustment, provided that the permitted building coverage is not
exceeded and the accessory building or the addition to the principal
building does not violate any other requirements of this chapter.

Notwithstanding the use restrictions contained in this Chapter 160, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in N.J.A.C. 7:50-6, may be expanded or altered, provided that:

The area of expansion does not exceed 50% of the floor
area, the area of the use or the capacity of the use, whichever is
applicable, on January 14, 1981, or which was approved pursuant to
N.J.A.C. 7:50-4, Part V.

Any lands offered shall be subject to review by the
Board which shall be guided by the Master Plan, the ability to assemble
and relate such lands to an overall plan, the accessibility and potential
utility of such lands and such existing features as topography, soils,
wetlands and tree cover as these features may enhance or detract from
the intended use of the lands. The Board may request an opinion from
other public agencies or individuals as to the advisability of accepting
any lands to be offered.

Private open space. All land not dedicated to and
accepted by the Township shall be an integral part of the development
and shall be located to best suit the purpose for which it is intended
and shall meet the following requirements:

Where an applicant can demonstrate that fewer parking spaces would be required, the approving authority may allow a lesser number, provided that the applicant can show on the approved site plan how the required additional spaces could be added, if necessary, without deviating from any zoning requirements or performance criteria of this chapter or of Chapter 62, Subdivision and Site Plan Design Standards.

Where more than one of the uses designated above is
proposed in a development, the minimum parking requirements shall
be the sum of the proposed uses based upon the minimum parking requirements.
Except that restaurants may occupy up to 25% of the gross floor area
of a retail shopping center without increasing the retail parking
requirements.

Parking spaces for apartments/townhouses shall be
within 200 feet of the building being served. Commercial and industrial
parking shall be located on the lot, unless a cooperative arrangement
has been approved by the Board.

Ten-foot-by-eighteen-foot parking stalls shall be
required wherever shopping carts or other wheeled conveyances are
proposed for use and in all parking areas where individual parking
stalls are not delineated.

The location of handicapped stalls shall be
as close as possible to the accessible location to a building or buildings
served by the facility, but in no instance more than 200 feet. They
shall be as level as possible with surface slope not exceeding 1/4
inch per foot in any direction.

Adequate areas shall be provided in all nonresidential districts for the loading and unloading of delivery trucks and other vehicles, refuse collection, fuel, fire and other service vehicles. Such areas shall be paved in accordance with the requirements of Chapter 62, Subdivision and Site Plan Design Standards, of this Code.

The required number of loading areas shall be as prescribed
by the following Schedule of Minimum Loading Requirements:

Schedule of Minimum Loading Requirements

Use

Minimum Number of Loading Areas

Requirements based upon gross floor area
or use

Assembly operations

1

Every 50,000 square feet

Automobile (including sales, service and display
areas)

1

Every 50,000 square feet

Bowling alley

1

Every 40 lanes/alleys

Car wash (automatic)

1

Car wash (self service)

1

Cemetery

0

Church/synagogue

0

Community center

1

Every 50,000 square feet

Conference center

1

Every 50,000 square feet

Convenience store

1

Every 10,000 square feet

Doctor's/dentist's home office

0

Emergency services

0

Fiduciary institutions

1

Fraternal/social organizations

0

Golf course (miniature)

1

Golf course (regulation)

1

Golf driving range

1

Health club

1

Every 50,000 square feet

Home occupation

0

Hospital

1

Every 50 beds

Hotel/motel

1

Every 100 rooms

Industrial

1

Every 50,000 square feet

Library

1

Life care facilities:

a. Nursing home

1

Every 50 beds

b. Congregate care/assisted living

1

Every 50 beds

c. Individual living/personal care

1

Lumberyard

1

50,000 square feet (including sales, display
and storage areas)

Manufacturing

1

50,000 square feet

Medical center and medical professional office

1

20,000 square feet

Mini-warehouse/self storage

1

Mortuary

1

Museum

1

Every 50,000 square feet

Nightclub/tavern

1

Nursery/garden center

1

Every 50,000 square feet (including sales, display
and storage areas)

Office:

Under 10,000 square feet of gross
floor area

1

10,000 to 49,999 square feet of
gross floor area

1

50,000 to 99,999 square feet of
gross floor area

2

100,000+ square feet

3

Every 50,000 square feet

Park/conservation area

0

Pool (community)

1

Post office

1

Every 50,000 square feet

Recreational facilities:

a. Baseball field/softball field

0

b. Soccer field/football field

0

Research and development

1

Every 50,000 square feet

Residential

0

Restaurant

1

Every 100 seats

Retail/shopping center

1

Every 20,000 square feet

School:

a. Elementary

1

Every 12 classrooms

b. Intermediate

1

Every 12 classrooms

c. Secondary

1

Every 12 classrooms

Service station or public garage

1

Service station or public garage with convenience
store

1

Skating rink

1

Tennis court

1

Theater

1

Every 12 screens

Truck sales

1

Every 50,000 square feet (including sales and
service areas)

Utilities

1

Veterinarian/veterinarian hospital

1

Warehouse

1

Every 50,000 square feet

YMCA or YWCA

1

*NOTE: The minimum number of spaces shall prevail
for uses that have not attained the gross floor area where the first
space is required. Uses not listed shall provide sufficient spaces
as determined by the approving authority using the Schedule as a guide.

For all residential development, the applicant shall
propose adequate recreational facilities to serve the population of
the development. The developer's recreation plans shall be submitted
to the Board for its review and approval. For the purposes of this
section, a single-family detached house shall be deemed to contain
three persons; a townhouse shall be deemed to contain 2.5 persons;
and a garden apartment shall be deemed to contain two persons. The
applicant shall propose recreational facilities and the Board shall
evaluate plans in terms of the following considerations:

Passive recreation. A minimum standard of 10 acres
per 1,000 people is recommended. This may be part of the open space
required on a given parcel. Large tracts of 50 acres or more are preferable
to scattered sites. Lands with mature vegetation, high scenic qualities,
historical significance or other unique characteristics are especially
recommended.

Active recreation. Separate play areas for the age
groups one through five, six through 10 and 11 through 15 should be
included. Equipment for these areas should be based on the recreation
needs of each age group. Infants through five-year olds should have
a sand area, small swings, static play animals, a small sliding board,
etc. A sitting area for the parents should be provided in close proximity
to the play areas. Tricycle space and pavement should be a part of
this area. Children six through 10 are interested in movement, slides,
seesaws, balance beams, rope climbing areas, chin-up bars, etc. Children
11 through 15 are interested in two kinds of spaces: a general use
field where a frisbee or football can be thrown and a space of identity
for the age group. Bicycle paths and hills, jumps, etc., are recommended
in this area. Landscaping should provide shade and separation for
each area. The following standards shall be observed for recreation:

In order to provide for the safety and general welfare
of the public, all subdivisions which will result in five or more
dwelling units shall set aside areas for off-street recreation and/or
play areas. The areas required for open space in this chapter shall
not include easements, stormwater controls, detention facilities or
right-of-way areas. The location, form and design of such areas shall
be approved by the Board. If that area of land to be set aside constitutes
an area of less than one acre, in lieu thereof and prior to preliminary
approval, the Board may require the developer to contribute to the
municipality, for the purpose of recreation, a cash sum in an amount
equal to the assessed value of the area of land that would otherwise
have been required to have been set aside for an off-street recreation
and/or play area based upon the Township Tax Assessor's valuation
at the time of preliminary plan approval.

Wherever possible, recreation sites should be located
adjacent to school sites. In the case of large subdivisions, consideration
should be given to decentralizing several smaller recreational areas
throughout the development. The method of preserving such areas for
recreation open space, whether by easement, deed restriction, dedication,
homeowners' association type or other means, shall be approved by
the Board.

The right to farm, as defined in N.J.S.A. 4:1C-3,
is hereby recognized to exist in the Township of Evesham, in the County
of Burlington, and is hereby declared a permitted use in all zones
of this Township, where an agricultural use is preexisting and current,
and a permitted use in the following zones under any circumstances:
Forest Agriculture (FA), Forest Woodland (FW), Rural Development-1
(RD-1), Rural Development-2 (RD-2), Rural Development-3 (RD-3), Regional
Growth-1 (RG-1), Regional Growth-2 (RG-2), Environmental Protection
(EP), Low Density (LD), Medium Density (MD), and Affordable Housing
(AH-1, AH-1A, AH-2). This right to farm includes, but not by way of
limitation:

Production of agricultural and horticultural
crops, trees and forest products, livestock and poultry and other
commodities as described in the Standard Industrial Classification
for agriculture, forestry, fishing and lawful, humane trapping.

Conduction of agriculture-related education
and farm-based recreational activities, provided that the activities
are related to marketing the agricultural or horticultural output
of the commercial farm and permission of the farm owner and lessee
is obtained.

The operation of a pick-your-own operation,
meaning a direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.

Clearing of woodlands using open burning and
other techniques, installation and maintenance of vegetative and terrain
alterations and other physical facilities for water and soil conservation
and surface water control in wetland areas.

Agricultural-related educational and farm-based
recreational activities, provided that the activities are related
to marketing the agricultural or horticultural output of the farm,
including but not limited to equestrian activities, including the
boarding of horses and riding instructions.

The foregoing practices and activities may occur on
holidays, weekdays and weekends by day or night and shall include
the attendant or incidental noise, odors, dust and fumes associated
with these practices.

Any person aggrieved by the operation of a commercial
farm shall file a complaint with the applicable county agriculture
development board or the State Agriculture Development Committee in
counties where no county board exists prior to filing an action in
court.

An additional purpose of this section is to promote
a good neighbor policy by advising purchasers and users of property
within 500 feet from the lot line of any agricultural operation of
the potential discomforts associated with such purchase or residence.
It is intended that, through mandatory disclosures, purchasers and
users will better understand the impacts of living near agricultural
operations and be prepared to accept attendant conditions as the natural
result of living in or near land actively devoted to commercial agriculture
(or in an agricultural development area, meaning an area identified
by a county agriculture development board pursuant to the provisions
of N.J.S.A. 4:1C-18, and certified by the State Agriculture Development
Committee). The disclosure required by this subsection is set forth
in the disclosure form attached hereto and made a part hereof.[1]

When a variance of density or lot area requirements
for the RG-1 or RG-2 Zones is granted by the Township, Pinelands development
credits shall be used for all dwelling units or lots in excess of
that otherwise permitted without the variance;

When a variance or other approval for a nonresidential
use not otherwise permitted in the RG-1 or RG-2 Zones located in the
Pinelands Area is granted by the Township, Pinelands development credits
shall be used at 50% of the maximum rate permitted for Pinelands development
credit use in the zone in which the nonresidential use will be located
for parcels under 10 acres in size; at 75% of the maximum rate for
parcels between 10 and 20 acres in size; and at 100% of the maximum
rate for parcels over 20 acres in size. This requirement shall not
apply to a variance or other approval which authorizes the expansion
of or changes to existing nonresidential uses in accordance with N.J.A.C.
7:50-5.2;

When a variance or other approval for a residential
use in that portion of the OP Zone located in the Pinelands Area is
granted by the Township, Pinelands development credits shall be used
for 50% of the authorized units for parcels under 10 acres in size;
for 75% of the authorized units for parcels between 10 and 20 acres
in size; and for 100% of the authorized units for parcels over 20
acres in size.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 15-37 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

In no case shall a building or construction permit
be issued for any development involving the use of Pinelands development
credits until the developer has provided the Pinelands Commission
and the Township with evidence of his ownership of the requisite Pinelands
development credits and those Pinelands development credits have been
redeemed with the Township.

In addition to any other requirements set forth in this Code, there shall be a minimum setback of 75 feet along all Township arterial roads abutting residential developments. Appropriate buffering shall be provided within the area located 50 feet from the right-of-way in accordance with § 160-17.

Except as set forth herein, any existing lot or lots
of an acre or more within the Regional Growth, Rural Development,
Forest Agriculture and Forest Woodland Districts shall be exempt from
the density and minimum lot size requirements of this chapter, provided
that:

The parcel has been in the continuous ownership since
February 7, 1979, of the person whose principal residence the dwelling
unit will be, a member of that person's immediate family, or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation;

All existing lots of 20,000 square feet or more within
all of the Regional Growth, Forest Agriculture, Rural Development
and Forest Woodland Districts shall be exempt from the minimum dimensional
requirements of this chapter and shall be governed instead by the
following minimum requirements:

Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this chapter, including
permitted towers or antennas that have not yet been constructed, so
long as such approval is current and not expired.

The term "structure" or "structures" as used in this section shall not have the meaning provided in § 160-5B. "Structure" or "structures," for the purposes of this section, are defined as "A preexisting tower, including water towers, and any other facility or building at least three stories in height that can be used for the collocation of towers and/or antenna(s) without significantly altering the visual appearance of the facility or building."

Purpose. The purpose of this section is to establish
general guidelines for the placement of wireless communications towers
and antennas to accommodate the communication needs of residents and
businesses while protecting the public health, safety, and general
welfare of the community. The goals of this section are to:

Require the joint use of new and existing tower
sites (including electric power towers) or predesignated tower properties
as sites for new towers or predesignated existing buildings or structures
as a primary option rather than construction of additional single-use
towers;

Require that such towers are properly constructed,
maintained and dismantled and that appropriate security is posted
to ensure same, and the safety of Township residents.

In furtherance of these goals, Evesham Township shall give due consideration to the Evesham Township Master Plan, Zoning Map, existing land uses, inventory map of existing towers and structures and environmentally sensitive areas in approving sites for the location of towers and antennas.

Existing structures. When planning to serve
an area or to expand services in an area, providers shall utilize
existing towers and structures prior to considering new sites, unless
the Board finds that it is infeasible to do so.

Preexisting towers and antennas. Preexisting towers or antennas shall not be required to meet the requirements of this chapter, provided that requirements of Subsection C(2) and (3) are met, unless they are altered or additional equipment is added to same. When new masts, antennas, or other structures are added to a preexisting tower or antenna, the height of the addition shall not exceed the preexisting height by more than 20 feet and the location and setback requirements of this chapter shall not apply.

New towers and antennas. New telecommunications
tower or antenna sites shall be permitted by right in the Industrial
Park (IP) Districts, and Block 48, Lots 19.01 and 33.02, and Block
50, Lots 18, 19, 20.01 and 21 of the Conservation Park (CP) Districts.
New telecommunications antenna shall be permitted on structures three
stories or more in height and located in nonresidential zones, provided
that the antenna does not extend more than 10 feet above the roof.

Each applicant for a new telecommunications
tower shall prove that the telecommunications equipment planned for
the proposed tower cannot be accommodated on an existing or approved
tower or building or other structure (e.g., water towers) within a
five-mile search radius of the proposed tower.

Any proposed commercial wireless telecommunications
service tower shall be designed, structurally, electrically, and in
all respects, to accommodate both the applicant's antennas and comparable
antennas. Towers must be designed to allow for future rearrangement
of antennas upon the tower and to accept antennas mounted at varying
heights.

State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this chapter shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless not mandated
by the controlling state or federal agency, in which case failure
to bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.

Safety standards/building codes. To ensure the
structural integrity of towers the owner of a tower shall ensure that
it is maintained in compliance with standards contained in applicable
state or local building codes and property maintenance codes and the
applicable standards for towers that are published by the Electronic
Industries Association, as amended. If, upon inspection, Evesham Township
concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then, upon notice
being provided to the owner of the tower, the owner shall have 30
days to bring such tower into compliance with such standards. Failure
to bring such tower into compliance within said 30 days shall constitute
grounds for the removal of the tower or antenna at the owner's expense.

Towers shall meet the setbacks of the underlying
zoning district with the exception of the IP and CP Zoning Districts,
where towers may encroach into the side and rear setback area, provided
that the rear property line abuts another industrially zoned property
and the tower does not encroach upon any easements.

Towers shall be set back from the planned public
rights-of-way as shown on the most recently adopted Circulation Plan
of the Evesham Township Master Plan by a minimum distance equal to
2 1/2 times the height of the tower, including all antennas and
attachments, or a two-hundred-foot minimum setback, whichever is more.

Towers located in nonresidential districts adjacent
to residential districts shall be set back from all residentially
developed lots by a minimum distance equal to 1 1/2 times the
height of the tower, including all antennas and attachments, with
a two-hundred-foot minimum setback, whichever is more.

A tower's setback may be reduced or its location
in relation to the public street varied, at the sole discretion of
the Board, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light standard, power
line support device, or similar structure.

Lot size. For purposes of determining whether
the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.

Abandoned towers. All abandoned or unused towers
and associated facilities shall be removed by the applicant or its
successors, and the tower and any impacted property returned to its
original state, within six months of the cessation of operations at
the site, unless a time extension is approved by the Board.

Inventory of existing sites. For each application,
for an antenna and/or tower, the applicant shall provide to the Board
an inventory of all its existing towers, antennas, sites approved
for towers or antennas, and plans for future antennas and towers that
are within Evesham Township and within five miles of the border thereof,
including specific information about the location, height, and design
of each tower.

Letter of intent. A letter of intent committing
the tower owner or lessee and its successors to allow the shared use
of the tower if an additional user(s) agrees in writing to meet reasonable
terms and conditions for shared use, and that the tower owner or lessee
acknowledges and agrees that its successors and/or additional users
shall be bound and will conform to the requirements of this chapter
as applicable.

Cessation of use. A copy of the relevant portions
of a signed lease which requires the applicant to remove the tower
and associated facilities upon cessation of operations at the site
shall be submitted at the time of application.

Insurance. The tower owner and its successors
shall provide a certificate of insurance, providing coverage of at
least $1,000,000 per occurrence, including, but not limited to, premises
and general liability, naming the Township of Evesham as an additional
insured.

Hold harmless. In the event a tower is sited
on Township-owned property, the lease between the Township and the
tower owner and its successors shall indemnify and hold harmless the
Township of Evesham, its officers, employees, agents and servants
from and against any and all claims, demands, suits, actions, recoveries,
judgments, costs and expenses, including attorneys' fees, incurred
or suffered on account of property damage or loss and/or personal
injury, including loss of life, of any person, agency, corporation
or governmental entity which shall arise out of the course of or in
consequence to any acts or omissions of the Township of Evesham, its
employees, agents or servants, in the performance of the work or the
failure of the Township of Evesham, its employees, agents or servants.
This obligation shall not apply in the case of gross negligence or
willful malfeasance.

Bond requirement. In the event a tower is sited
on Township-owned property, the applicant shall be required to post
a performance and maintenance bond in a sufficient amount to be determined
by the Board Engineer to ensure the proper construction and maintenance
of the tower.

Site plan conformance. In addition to the foregoing,
all applicants must satisfy the applicable requirements of the Evesham
Township Land Use Ordinance, unless preempted by controlling state
or federal law.

Design requirements. Telecommunications towers shall
be of a monopole design unless the Board determines that an alternative
design would better blend into the surrounding environment or, for
Pinelands sites only, unless the applicant demonstrates that it is
technically infeasible to provide a monopole and reach a height of
200 feet.

Aesthetics. Applicants shall minimize the adverse
visual impact and the number of such facilities through proper design,
siting, screening, material, color and finish for towers, antennas,
and accessory buildings. Whenever possible, competing providers shall
collocate antennas and related facilities. At locations where collocation
on an existing structure is impractical, the applicant shall use camouflage
structures, such as artificial trees, subject to applicable FAA standards
and design review by the Board. Where the required height of the tower
makes an artificial tree impractical, other camouflage techniques
shall be considered. Artificial trees shall be designed to resemble
a woody tree with a single trunk and branches on its upper part. They
shall be located near existing tree masses to the extent practical.

Accessory utility buildings. All utility buildings
and structures accessory to a tower shall be architecturally designed
to blend in with the surrounding environment and shall meet the minimum
setback requirements of the underlying zoning district. Ground-mounted
equipment shall be screened from view by suitable vegetation, except
where a design of nonvegetative screening better reflects and complements
the architectural character of the surrounding neighborhood. A landscape
plan shall be submitted for review of proposed screening.

Security. All towers and accessory structures
shall be required to provide fencing, landscaping and/or such other
barriers as the Board may require, such that the tower and accessory
structures are secured and inaccessible to private residents and children,
For purposes of this chapter, any and all towers shall be deemed an
attractive nuisance where adequate security is not provided as requested
herein pursuant to N.J.S.A. 2C:33-12.

Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.

Height. The antenna and any supporting structure
shall not exceed 200 feet in height, and in areas controlled by the
Pinelands Commission, if a lesser height is proposed, the tower shall
be designed so that its height can be increased to 200 feet if necessary
to accommodate other local communications facilities in the future.

Signs and advertising. The use of any portion
of a tower for signs or any form of advertising other than warning
or equipment information signs (only legible by persons maintaining
the facility) is prohibited.

Variances. Any individual or entity proposing to construct
a telecommunications tower in the Township may seek relief from the
requirements of this section from the Evesham Township Zoning Board
of Adjustment.

The owner of the lot proposed for development acquires
sufficient vacant contiguous or noncontiguous land which, when combined
with the acreage of the lot proposed for development, equals at least
20 acres if development is proposed in the FA Zone and at least 12
acres if development is proposed in the FW Zone;

Low-intensity recreation, ecological management and forestry,
provided that no more than 5% of the land may be cleared, no more
than 1% of the land may be covered with impervious surfaces and any
such uses or activities are approved and conducted in accordance with
the requirements of this chapter;

For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;

For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for density transfer;

For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(3)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(3)(a) above and shall not provide for continuation of any agricultural use on the parcel; and

The deed of restriction to be recorded pursuant
to Subsection A(3)(b)[1][a] or [b] above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a Resource Management
System Plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
Resource Management System Plan shall be provided. If the deed of
restriction is in favor of Burlington County or the State Agricultural
Development Committee, evidence of their approval shall also be provided.

The deed of restriction shall be in favor of the parcel to be
developed and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Township Solicitor and the Pinelands Commission.

All noncontiguous lands acquired pursuant to Subsection B(1)(a) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection A(3) above. At least 25% of the permanently protected land must be upland. The dedication of the open space lands to the Township may be requested by the Planning Board, subject to the acceptance of same by the Township Council;

Residential dwelling units on lots of 1.0 acre existing
as of January 14, 1981, for which preliminary or final subdivision
approval has not been granted by the Board prior to the effective
date of this chapter shall be permitted in the RD-2 Zone, provided
that:

The owner of the lot proposed for development
acquires sufficient vacant contiguous or noncontiguous land which,
when combined with the acreage of the lot proposed for development,
equals at least four acres;

All noncontiguous lands acquired pursuant to Subsection B(2)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection A(3) above. At least 25% of the permanently protected land must be upland. The dedication of the open space lands to the Township may be requested by the Planning Board, subject to the acceptance of same by the Township Council;

The owner of the lot proposed for development
acquires sufficient vacant contiguous or noncontiguous land which,
when combined with the acreage of the lot proposed for development,
equals at least six acres;

All noncontiguous lands acquired pursuant to Subsection B(3)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection A(3) above. At least 25% of the permanently protected land must be upland. The dedication of the open space lands to the Township may be requested by the Planning Board, subject to the acceptance of same by the Township Council;

Purpose. To meet the needs of families and employment
centers for high quality child-care facilities, special considerations
have been provided for child-care centers. As stated below, child-care
facilities in both residential and commercial districts are treated
with special provisions in the Municipal Land Use Law.

Family day-care homes are to be considered as home
occupations and, as such, shall not be subject to more stringent restrictions
than exist or apply to all other home occupations in the particular
residential district in which the family day-care home is located.

Notwithstanding the above statements, the development
of a child-care facility in an existing structure or in a stand-alone
facility shall require site plan review and will be subject to the
standards of the district within which it is located. Parking requirements
shall be based on evaluating the following factors:

A minimum of 100 square feet of outdoor play
area shall be provided per child, and this space must be contiguous
and enclosed. At the direction of the Board, it may be a requirement
that outdoor play space must be completely enclosed with a fence having
a minimum height of six feet. The perimeter of such fencing shall
be landscaped with evergreen plant materials in a manner which meets
the requirements of the Board Planner. Outdoor play space shall not
include driveways, parking areas or any other unsuited areas.

Community residences for the developmentally disabled,
community shelters for the terminally ill, community shelters for
victims of domestic violence and community residences for persons
with head injuries, all of which are also known as "group homes,"
are permitted in all residential districts.

Purpose. The purpose of home occupations is to establish rights and requirements for those wishing to utilize their residences for an occupation, as an accessory use. Depending on the intensity of the use and activity involved with the occupation, the use may be permitted by right or as a conditional use. Conditional use standards for more intensive home occupations are included in Chapter 161, Zoning Modifications and Additional Requirements.

Home occupations as a permitted use. Home occupations which meet the definition of this chapter but which do not conform to all of the standards in this section shall be conditional uses, subject to § 161-1C(2).

Municipal facilities and uses are to be considered permitted uses in all districts except the EP (Environmental Protection), FA (Forest Agriculture) and FW (Forest Wetlands) Districts, unless otherwise specifically authorized in §§ 160-55 and 160-56 (lists of permitted uses for the FA and FW Districts).

Public service infrastructure, also known as
"public utilities," i.e., sewer service, gas, electricity, water,
telephone, cable television, and other public utilities developed
linearly, roads and streets and other similar services provided or
maintained by any public or private entity are permitted in all districts,
except as provided elsewhere in this chapter, e.g., telecommunications
towers and antennas.

The parcel of land on which the dwelling is to be
located has been in the continuous ownership since February 7, 1979,
of the person whose principal residence the dwelling unit will be,
a member of that person's immediate family, or a partnership or corporation
in which members of that person's immediate family collectively own
more than a majority interest in such partnership or corporation;
and

The person whose principal residence the dwelling
unit will be has resided in the Pinelands for at least five years
and that person or one or more members of that person's immediate
family has resided in the Pinelands for a total of at least 20 different
years.

The lot to be developed existed as of February 8,
1979, or was created as a result of an approval granted by the Pinelands
Development Review Board or by the Pinelands Commission pursuant to
the Interim Rules and Regulations prior to January 14, 1981;

In Pinelands Areas, new utility distribution lines
and telephone lines to locations not presently served by utilities
shall be placed underground, except for those lines which are located
on or adjacent to active agricultural operations.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, herbicides, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above or required pursuant to § 62-56B shall incorporate the following elements:

Existing vegetation, including New Jersey's Record
Trees as published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;

Permanent lawn or turf areas shall be limited to those
specifically intended for active human use such as play fields, golf
courses and lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and

No development shall be carried out by any person
in the Pinelands Area unless it is designed to avoid irreversible
adverse impacts on the survival of any local populations of threatened
or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

No hazardous or toxic substances, including
hazardous wastes, shall be stored, transferred, processed, discharged,
disposed or otherwise used in the Pinelands Area. The land application
of waste or waste-derived materials is prohibited in the Pinelands
Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste
management facilities, including landfills, shall only be in the Pinelands
Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of way or any contiguous lands that have been deed restricted pursuant to § 160-38 or N.J.A.C. 7:50-5.47;

Only contiguous lands located within the same
zoning district and Pinelands management area as the proposed system
or systems may be utilized for septic dilution proposes, except for
the development of an individual single-family dwelling on a lot existing
as of January 14, 1981, nonresidential development on a lot of five
acres or less existing as of January 14, 1981, or cluster development
as permitted by N.J.A.C. 7:50-5.19;

No more that 10 alternate design pilot program
treatment systems utilizing the same technology shall be installed
in the development of any parcel if those systems are each serving
one single-family dwelling;

Each system shall be covered by a five-year
warranty and a minimum five-year maintenance contract consistent with
those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be
cancelled and is renewable and which includes a provision requiring
that the manufacturer or its agent inspect the system at least once
a year and undertake any maintenance or repairs determined to be necessary
during any such inspection or as a result of observations made at
any other time;

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-1022(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(4)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system;

The permitted residential densities and minimum lot size requirements set forth in §§ 160-55 through 160-62 shall continue to apply. No increase in such densities or reduction in such minimum lot size requirements shall be permitted to occur as a result of the use of an alternate design pilot program treatment system.

Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity uses associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsections J and K below.

Private, noncommercial docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in Subsection J hereof, and conforms to all state and federal regulations.

There is no feasible alternative route for the facility
that does not involve development in a wetland, or, if none, that
another feasible route which results in less significant adverse impacts
on wetlands does not exist;

No development, except for those uses which are specifically authorized in this section, shall be carried out within 300 feet of a wetland unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland as set forth in Subsection J hereof. If the applicant has obtained a waiver or a determination from the Pinelands Commission, the Township will accept that waiver.

A significant adverse impact shall be deemed to exist
where it is determined by the Planning or Zoning Board that one or
more of the following modifications of a wetland will have an irreversible
effect on the ecological integrity of the wetland and its biotic components,
including, but not limited to, threatened or endangered species of
plants or animals:

Determinations under Subsection J above shall consider cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may effect the wetland.

In all zones encompassed by this chapter, except
the FA, FW, RD-1, RD-2, RD-3, RG-1, RG-2 and EP Zones, there shall
be a deduction of 80% of the critical areas, including streams, ponds
and lakes, one-hundred-year floodplains, wetlands, and slopes over
25% in computing gross density (residential zones) or a floor area
ratio (nonresidential zones), and easements prior to any development
approval, except those for conservation or agricultural purposes,
or communications and access.